ACCEPTANCE OF TERMS Steve M. Windham and Windham Solutions (“Windham Solutions”) welcomes you and would like to thank you for using this website.
Steve M. Windham provides the website: stevewindham.com to you subject to the following Terms of Service (“TOS”); which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://www.stevewindham.com/terms-of-service/. By accessing and using stevewindham.com, you accept and agree to be bound by the terms and provision of this TOS.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE WINDHAM SOLUTIONS WEBSITE IS AT YOUR SOLE RISK. THE STEVEWINDHAM WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STEVE M. WINDHAM, WINDHAM SOLUTIONS AND ITS SUBSIDIARIES, AFFILIATES, OWNERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND; WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE STEVEWINDHAM AND WINDHAM SOLUTIONS WEBSITES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STEVE M. WINDHAM OR FROM WINDHAM SOLUTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
SOME USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE STEVEWINDHAM AND/OR WINDHAM SOLUTIONS WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE STEVEWINDHAM AND/OR WINDHAM SOLUTIONS WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE STEVEWINDHAM AND/OR WINDHAM SOLUTIONS WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WINDHAM SOLUTIONS WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT STEVEWINDHAM AND/OR WINDHAM SOLUTIONS AND ITS SUBSIDIARIES, AFFILIATES, OWNERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. COPYRIGHT
All content on the Windham Solutions website is Copyright (c) by Steve M. Windham, unless otherwise noted.
CHOICE OF LAW AND FORUM You and Windham Solutions each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Steve M. Windham and/or Windham Solutions, shall be brought exclusively in the courts located in the county of Solano, California, or the U.S. District Court for the Eastern District of California. You and Windham Solutions agree to submit to the personal jurisdiction of the courts located within the county of Solano, California, or the Eastern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS The failure of Steve M. Windham and/or Windham Solutions to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Windham Solutions website or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. SECTION TITLES The section titles in the TOS are for convenience only and have no legal or contractual effect. ENTIRE AGREEMENT The TOS constitutes the entire agreement between you and Steve M. Windham and Windham Solutions and governs your use of the Steve Windham and Windham Solutions websites, superseding any prior version of this TOS between you and Steve M. Windham and Windham Solutions with respect to the Steve Windham and Windham Solutions websites. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Steve M. Windham and/or Windham Solutions services, affiliate services, third-party content or third-party software.